To evict or not to evict

10 Replies

Looks like we may have to evict a tenant.  What I'm wondering is once we file for the eviction, if the tenant tries to pay us, do we have to accept the payment?  We're kind of thinking, if it gets to the point that we have to file, then we don't want to keep that tenant even if they do finally pay.

I think you should speak with a lawyer just to know a little more and what to expect. You can search the site in the member section for an attorney and see about getting a consultation. 

 You should have made the decision to evict in advance of a late payment. This makes the late payment a trigger and you then carry through with a eviction. We are now at Sept 6th, notice should have been posted on the 2nd. The eviction process should already be in the works by now. 

You need to take the time to read and learn your state codes immediately. You are wasting valuable time.

"Kinda hoping they'll pay before their 3 days notice is up."

This makes it sound like you had no plans in advance. You need to make better plans than simply hoping tenants will not go bad. By doing nothing you are actually teaching your tenants that it is OK to pay late. You will regret this training practice as it invariably leads to evictions. You must properly train tenants. This requires using a stick not a carrot.

@Andy Bondhus since you're posting this I assume you've never had to evict, which means you probably don't run a ton of rentals.  How do you manage your relationships with tenants?  What are some more details to the situation here?  

I had a tenant in the past who hit a rough patch, and since they'd been good for multiple years, I let them pay partial and make up the difference over a couple months.  It all turned out ok, but it was a risk, if a calculated one.

In Texas the process is pretty straightforward, and can be accomplished in about 30 days under normal circumstances.  It's possible to do it yourself if you're comfortable with navigating a bunch of legal docs.  I would definitely at least consult an attorney to get a handle on the process.  You can get a TON of info over a 1 hour coffee.

Originally posted by @Eric Kephart :

@Andy Bondhus sinc

In Texas the process is pretty straightforward, and can be accomplished in about 30 days under normal circumstances.  It's possible to do it yourself if you're comfortable with navigating a bunch of legal docs.  I would definitely at least consult an attorney to get a handle on the process.  You can get a TON of info over a 1 hour coffee.

 I hope this is a paid consultation coffee!

Originally posted by @Ronald Rohde :
Originally posted by @Eric Kephart:

@Andy Bondhus sinc

In Texas the process is pretty straightforward, and can be accomplished in about 30 days under normal circumstances.  It's possible to do it yourself if you're comfortable with navigating a bunch of legal docs.  I would definitely at least consult an attorney to get a handle on the process.  You can get a TON of info over a 1 hour coffee.

 I hope this is a paid consultation coffee!

Haha.  Of course it should be.  One thing I've learned, that really eased some frustrations I had initially in dealing with attorneys in this business and other ventures, is that you just have to accept that they are not going to tell you what to do.  Their job is to inform you of risks and processes, so you can make *your own* informed, calculated decision.  I think a lot of people approach attorneys wanting to know "what should i do" or "what's the best/least risky/etc approach", which isn't their job to answer.

When we did our first eviction, we just chatted with the people in the court office.  They told us the in's and out's of everything.  That plus common sense was everything we needed.

Originally posted by @Andy Bondhus :

Looks like we may have to evict a tenant.  What I'm wondering is once we file for the eviction, if the tenant tries to pay us, do we have to accept the payment?  We're kind of thinking, if it gets to the point that we have to file, then we don't want to keep that tenant even if they do finally pay.

 What's the lease say? Do you have to accept rent even after you've filed for an eviction? If lease is silent, then you turn to the law: 

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm